PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY. THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN CORPORATE ARMOR’S INVOICE OR OTHER CORPORATE ARMOR DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND CORPORATE ARMOR HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
These terms and conditions of sale constitutes a binding contract between you ("Customer") and CORPORATE ARMOR. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on CORPORATE ARMOR's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and CORPORATE ARMOR relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CORPORATE ARMOR at:
13739 Steele Creek Road
Charlotte, NC 28273
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in CORPORATE ARMOR’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN MECKLENBURG COUNTY, NORTH CAROLINA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
If Customer provides CORPORATE ARMOR with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for CORPORATE ARMOR, title to products and risk of loss or damage during shipment passes from CORPORATE ARMOR to Customer upon shipment from CORPORATE ARMOR’s facility. For all other shipments; title to products and risk of loss or damage during shipment passes from CORPORATE ARMOR to Customer upon receipt by Customer. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. CORPORATE ARMOR retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by CORPORATE ARMOR were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that CORPORATE ARMOR is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not CORPORATE ARMOR. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by CORPORATE ARMOR or its affiliates. In connection with services; neither affiliates of CORPORATE ARMOR nor third party service providers are agents of CORPORATE ARMOR and CORPORATE ARMOR has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. CORPORATE ARMOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF CORPORATE ARMOR, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
All pricing is subject to change. CORPORATE ARMOR reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, CORPORATE ARMOR cannot guarantee that it will be able to fulfill Customer’s orders.
NEITHER CORPORATE ARMOR NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER CORPORATE ARMOR NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY CORPORATE ARMOR OR ITS AFFILIATES, NEITHER CORPORATE ARMOR NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $50,000.
CORPORATE ARMOR will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by CORPORATE ARMOR are estimates only.
Customer acknowledges and agrees that, in some instances, CORPORATE ARMOR and its affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases CORPORATE ARMOR and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or CORPORATE ARMOR's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF CORPORATE ARMOR, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Chicago, Illinois. If arbitration is chosen by any party with respect to a Claim, neither CORPORATE ARMOR nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Charlotte, North Carolina. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to CORPORATE ARMOR arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders are not binding upon CORPORATE ARMOR until accepted by CORPORATE ARMOR. Terms of payment are within CORPORATE ARMOR's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. CORPORATE ARMOR may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold CORPORATE ARMOR harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by CORPORATE ARMOR's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide CORPORATE ARMOR with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of CORPORATE ARMOR’s costs of collection, including court costs, filing fees and attorney’s fees.
Inspection and acceptance of all other Products shall be Buyer's responsibility. Buyer is deemed to have accepted the Products unless written notice of rejection is received by Seller within ten (10) days after delivery of the Products. Buyer waives any right to revoke acceptance thereafter. Buyer shall report any discrepancy in shipment quantity or damage within ten (10) days after delivery. All returns for Defective and Non-Defective Products must have a valid Return Material Authorization ("RMA") Number issued by Seller in accordance with the terms of the Manufacturer's Warranty. Shipping instructions will be provided upon RMA approval. For complete listing of Return Policies depending on Manufacturer, please see our Return Policy Page.
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.
By accessing or otherwise using this Web site ("Web site "), you agree to be bound by these terms and conditions of use.
CORPORATE ARMOR may change these terms and conditions of use at any time, without prior notice. If you access or use the Web site after CORPORATE ARMOR posts a change, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.
CORPORATE ARMOR grants you a limited license to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.
Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without CORPORATE ARMOR's prior written permission.
The following activities are also expressly prohibited without CORPORATE ARMOR's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. CORPORATE ARMOR reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.
CORPORATE ARMOR has made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided “as is”; neither CORPORATE ARMOR nor its representatives make any representation or warranty with respect to the content.
CORPORATE ARMOR and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose.
Under no circumstances will CORPORATE ARMOR or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. You access and use this Web site at your own risk.
CORPORATE ARMOR grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray CORPORATE ARMOR or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the CORPORATE ARMOR logo, CORPORATE ARMOR trademark, or CORPORATE ARMOR’s name or trademarks, or other proprietary graphic in the link without the prior written permission of CORPORATE ARMOR.
The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by CORPORATE ARMOR or others. Except for the limited rights granted above, all other rights are reserved.
All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.
This Web site is controlled and operated by CORPORATE ARMOR from its offices within the United States. CORPORATE ARMOR does not represent that the Web site is appropriate or available for use elsewhere; access to the Web site from locations where its contents are illegal is not authorized. If you access this Web site from outside the United States, you do so on your own initiative and at your own risk.